Kompletan tekst dostupan je samo pretplatnicima
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Novi korisnik |
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Article 2
A temporary-work agency (hereinafter: Agency) means any company or entrepreneur registered with the competent authority in the territory of the Republic of Serbia, which concludes employment relationships with workers in order to temporarily assign them to user undertakings in the territory of the Republic of Serbia in order to work there under their supervision and direction.
A temporary agency worker means a natural person with an employment relationship with an Agency in accordance with this Law and the law regulating labour, who is being assigned to a user undertaking with a view to work temporarily under its supervision and direction, in accordance with this Law.
A user undertaking means a legal person, an entrepreneur, i.e. a representative office or a branch of a foreign legal person that is registered in compliance with the law in the territory of the Republic of Serbia, a state authority, an authority of an autonomous province and a local self-government unit, unless where determined otherwise by this Law, for whom, under their supervision and direction, a temporary agency worker works temporarily, in accordance with this Law.
A comparable worker means a worker with an employment relationship with the user undertaking who is performing or would be performing the same work bearing in mind the required level and type of professional qualifications, i.e. the qualifications' level and specific knowledge and abilities, i.e. competences, complexity, responsibility, professional experience and other special working conditions.
Where there is no comparable worker in the user undertaking employed to perform the same work, the basic salary determined for the temporary agency worker may not be lower than the basic salary of the worker with the user undertaking with the same level of professional qualifications and/or qualification level.
Assignment means the period during which the temporary agency worker is placed at the user undertaking to work temporarily under its supervision and direction.
The basic working and employment conditions means:
1) the conditions laid down by the law regulating labour, a collective agreement, i.e. rulebook on labour applicable in the user undertaking, i.e. by the employment contract of the comparable worker, relating to the duration of working time, overtime, night work, rest periods during daily work, daily breaks and weekly rest, annual holiday and other leaves, public and other holidays, salary for work completed and time spent on work (hereinafter: the salary), compensations for salary and compensations for costs for coming to and going from work, for means during work, for the allowance for the use of annual vacation, for the time spent on business trips in the country and abroad, for accommodation and means for field work and stay in the field, for funeral services (hereinafter: allowance for expenses), in accordance with the law regulating labour;
2) the conditions laid down in accordance with the law regulating safety and health at work.
